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Domestic violence is a perplexing and chronic paradox that is unfortunately existent in some cases. Be it alcohol induced, drug induced or simply caused by years of anger – it can occur in men and woman and has the concern of the Courts and society.
Caution: If there ever is a point where you feel threatened with physical violence, immediately take steps to protect yourself by calling the police, a crisis shelter, or an attorney. Violence should not be tolerated, and removing yourself from harm's way should be taken seriously.
In California, if one spouse has been convicted of domestic violence in either civil or criminal court, the presumption arises, that that spouse is not the best choice for custody for the children of the parties. Unfortunately there are times one spouse accuses the other spouse of violence, when no violence ever occurred.
Domestic violence ("D.V." proceedings) is an ancillary proceeding which means you can ask for help from the Court without filing for a divorce, or you can bring it together with a dissolution of marriage. When warranted and appropriate, our office can get an immediate hearing within 24 hours from the initial office appointment before a Superior Court judge; and if sustained, relief by the court through appropriate court orders can award temporary custody, suspending access to the innocent spouse by granting protective orders and restraining orders for children (restricting the offending spouse from visitation, access to the school, etc.), as well as eviction from the family residence of the offending party by court order.
If you need help, do not hesitate to contact the appropriate authorities. To schedule an initial consultation with our office, please call (714) 558-8841.
Some Basic Ground Rules
It is possible for your divorce to proceed smoothly, especially if you and your spouse can put aside your differences long enough to agree on how to separate. Divorces can become more complicated when you and your spouse simply agree to disagree.
Here are a few simple things to remember that will not only make your case run smoothly, but will also reduce any hurt feelings as well as benefit your children:
In general, common courtesy will make things easier.
Click below to continue on to step 3:
Still have questions? Call: (714) 558-8841
|© 2005 Peter H. Wernicke - Family Law :: Divorce :: Child Support :: Child Custody :: Domestic Violence :: Civil Litigation|
|1113 N. Spurgeon St. | Santa Ana, CA 92701 | Tel: (714) 558-8841 | Fax: (714) 558-7459|